R v MM [2013] NSWDC 49

Because the offences involve a serious breach of trust and aggravating circumstances, an overall term of imprisonment of two and a half years non-parole and a head sentence of four and a half years is imposed, with acknowledgment of utilitarian value in the guilty pleas and special circumstances regarding first custody.

Jurisdiction: Australia
Judgment Date: 15 February 2013
Procedural Posture: Criminal / Sentencing
Outcome: The offender is sentenced to an overall term of imprisonment consisting of a non-parole period of 2.5 years and a head sentence of 4.5 years.
Legal Topics: ['sentencing' 'aggravated Indecent Assault' 'breach of Trust']

['criminal Law'] ['sentencing' 'aggravated Indecent Assault' 'breach of Trust']

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Procedural Posture

Criminal / Sentencing

Legal Issues

1 ['What is the appropriate sentence for two counts of aggravated indecent assault on a complainant under authority of the offender?']

Ratio Decidendi

Court Disposition

The offender is sentenced to an overall term of imprisonment consisting of a non-parole period of 2.5 years and a head sentence of 4.5 years.

Orders

['On count 1: non-parole period of 2 years from 15 February 2013 and a head sentence of 4 years.' 'On count 2: non-parole period of 2 years from 15 August 2013 and a head sentence of 4 years.' 'The non-parole period will expire on 14 August 2015, at which point the offender is eligible for release to parole.']